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DSL Access Agreement with PC Offer
BY YOUR USE OF SNET DSL INTERNET SERVICE WITH A DISCOUNTED
PC PRODUCT, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A
PARTY TO THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE
TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE NOTIFY US THAT YOU
WISH TO TERMINATE THE SERVICE. TO TERMINATE, CONTACT THE SNET DSL
INTERNET ORDER CENTER.
SNET Emerging Products Center (EPC) 1-877-999-9DSL
(9375), Monday through Friday, 8 am to 5 PM (Eastern Standard Time)
This Agreement is between SNET Internet Service, a unit
of SNET Diversified Group, Inc., (collectively referred to as SNET),
and the participant ("you" or "your"). This Agreement sets forth
the terms and conditions under which you agree to purchase and use
DSL Internet Service With A Discounted PC from SNET ("Service(s)").
1. SERVICE
The Service includes:
- Downstream
connection speed of up to 1.5 MBPS between your premise and the
serving central office or DSL gateway
- Upstream
connection speed of 128 KBPS
- Brand
new 566 MHz Compaq Presario PC (internal DSL modem included) as
described below
- Unlimited
"always-available" Internet access 24 hours a day, 7 days a week
- Free
dial-up Internet account
- One
dynamic IP address
- One
primary email box, two extra email boxes and two extra email aliases
- Personal
home page account up to 3MB
- Technical
support 24 hours a day, 7 days a week
- No
installation charge with customer "plug and play"
Service shall be for a 28-Month Term. This offer is being
made available for Basic DSL with specific charges as follows:
- $59.95 per month (plus applicable taxes) for each of the 28
months. The monthly recurring charge includes applicable Global
Service Provider (GSP) charges. Shipping and handling charges
of $89 (plus applicable taxes). $150 charge may be assessed
if a technician visit is required.
A.
Early termination fees apply. You agree to pay a one time Cancellation
Charge of $900 if you terminate service within the first 12 months
of the term, and $450 if you terminate within 13 – 28 months of
the term.
B.
Existing DSL customers are eligible to participate in this offer.
However, existing customers who signed up for DSL service with
SNET under a 1-year term agreement will assume the conditions
of the new 28-month term. By completing the enrollment process
to become a member of the Service, by using the Service or any
software provided directly or indirectly by SNET, or by using
any hardware provided to you by SNET or its agents and contractors,
you agree to be bound and abide by this Agreement for the full
twenty-eight (28) month term. Commencing on the date on which
Service is installed, you will have use of the Service pursuant
to the terms and conditions set forth herein. In exchange, you
will pay $89 Shipping and Handling, plus applicable taxes. You
will pay $59.95 per month for a term of 28 months, plus applicable
taxes. The terms, conditions, and charges for the Service and
equipment may be periodically modified, and you will be notified
in the event of any changes. After notification of a modification,
your continued use of the Service and equipment constitutes an
affirmative agreement to be bound by such new terms, conditions,
and charges.
C.
The Service shall continue until such time as you provide SNET
with notice that you wish to discontinue the Service, or Service
is terminated and/or canceled by SNET, as set forth herein.
D.
SNET reserves the right to modify or discontinue the Service with
or without notice to you.
2. EQUIPMENT
Compaq Presario Personal Computer
- 566 MHz Intel Celeron Processor
- 64MB SDRAM Memory (video Ram is shared, so size can be allocated)
- 10.0GB Ultra DMA Hard Drive
- ADSL PCI Modem
- 56K V.90 Modem (dial-up)
- 40X CD ROM Drive
- USB ports
- 3.5" 1.44 MB floppy drive
- Embedded Audio (SoundBlaster compatible)
- Embedded Graphics
- Microsoft Windows 98 SE
- Microsoft Feature Home Collection Software
- Encarta
- Money
- Works
- McAfee Virus Scan
- JBL ProAmplified Speakers
- 15" Color Monitor
- Mouse
- 104 Key Keyboard + 12 Internet Keys
- 1 year warranty, Carry-in or mail-in.
One Year Limited Manufacturer’s Warranty
The manufacturer of the Compaq PC warrants for a period
of twelve (12) months from the date of delivery of the PC that the
PC will conform to the specifications applicable to such PC at the
time of its manufacture. Your remedies under the manufacturer warranty
are limited solely to repair and/or replacement of the defective
Compaq PC. SNET will assist you in contacting the manufacturer to
resolve any defects in the Compaq PC, but SNET does not itself issue
any warranty with respect to the Compaq PC. SNET DISCLAIMS ALL WARRANTIES
(BOTH EXPRESS AND IMPLIED) WITH RESPECT TO THE COMPAQ PC INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY
AND IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.
SNET DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET
FORTH IN THE MANUFACTURER’S WARRANTY STATEMENT OR LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION
ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST
DATA OR SOFTWARE. SOME STATES (OR JURISDICTIONS) DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
30 day Damage On Arrival Warranty
If the system is damaged on arrival, and the member calls
within the first 30 days, the manufacturer will repair/replace all
damaged parts free of charge, including all shipping and handling
charges.
Standard Warranty
After the first 30 days, the manufacturer will repair
non-user-fault damage to the system free of charge. The user is
responsible for shipping and shipping costs for the defective unit
to the manufacturer; the manufacturer will arrange and pay to ship
the repaired/replaced unit back to the user. To return products,
you must call 1 800 888-0554. You must ship the products to Compaq
in their original packaging, prepay shipping charges,
and insure the shipment or accept the risk of loss or damage during
shipment. You may return software for refund or credit only if the
sealed package containing the diskettes is unopened. Returned products
must be in as-new or as-shipped condition, and all of the manuals,
diskettes, power cables, and other items included with a product
must be returned with it.
3. FEES
You agree to pay all fees and charges specified when you
ordered your Service, including recurring and nonrecurring charges,
as well as shipping and handling. Those fees and charges are as
follows:
A. You agree to pay charges for the Service when due,
including all monthly fees, additional hourly fees, optional charges
and taxes incurred by you on your account. The monthly recurring
charges will be billed along with your monthly telephone bill. Except
for the first month's recurring charge, which is billed after service
commences, monthly recurring charges are billed in advance of Service.
If any portion of payment is received after the late payment date,
a monthly late charge may be charged to you. The monthly late charge
will be 1.0% of the entire outstanding balance for each month or
portion thereof (12% per annum) for which the balance remains. You
authorize us to charge any amounts due by you pursuant to the terms
of the billing option selected by you during the registration process
automatically to your local SNET bill. As provided by law, SNET
will not intentionally disclose information about you, your use
of the Service or the content of any of your private communication
with third parties. In order to better meet your needs, we will
however, record, collect, disclose and use information about how
you use the Service and we will aggregate your information with
information about other Members’ use but we will not identify you
personally in the aggregated information. You may contact us if
you want us to exclude your name, electronic mail ("email)
address, street address and telephone information in published directories
used in conjunction with the Service. By using a credit card or
debit card to pay for any billable portions of the Service, you
expressly authorize SNET or its agents to charge all fees and other
charges incurred in connection with your user name and password
(including any shipping and handling fees and taxes) to the credit
card or debit card you have designated. Each time you use your account
on the Service will be deemed to be a reaffirmation of the foregoing
authorization, and such authorization will remain valid unless revoked
by you in writing to SNET.
B. In the event you fail to pay the monthly recurring
SNET charges billed in your monthly telephone bill, or SNET is unable
to bill you, SNET reserves the right to bill the monthly recurring
charges and any other outstanding sums to bill you directly. SNET
may assign unpaid late balances to a collection agency for appropriate
action. In the event legal action is necessary to collect on balances
due, you agree to reimburse SNET for all expenses incurred to recover
sums due, including attorneys' fees and other legal expenses.
C. Your obligation to pay all fees, charges and amounts
due under this Agreement shall be absolute and unconditional, and
shall not be subject to any abatement, reduction, setoff, defense,
claim, counterclaim, assertion of liability, interruption, deferment
or recoupment except as provided in this agreement or applicable
law. You understand that you may be billed directly for any refused
charges.
D. Your basic telephone services -- such as Measured Business
service or Residential service ---will not be disconnected for nonpayment
of charges for SNET Services. However, SNET may suspend or discontinue
the SNET Service if charges for the SNET Services are not paid.
E. You are responsible for purchase and payment of tariffed
network services needed for use of the Service. Any long distance,
measured service or toll charges incurred by you to dial into the
Service during your use of the Service shall be your sole responsibility.
F. The connection from the Service to the Internet is
provided by a Global Service Provider (GSP). The GSP sets the price
for the GSP Service, and establishes the terms and conditions for
use of the GSP Service. The GSP's installation and monthly recurring
charges are included in the Service charges you were provided when
you signed up for the service, but will appear as a separate line
item on your bill. The GSP is not affiliated with SNET. Your GSP
is Digex Inc., IBM, Sprint, Williams, or UUNet depending on where
you have service.
G. SNET reserves the
right to accept forms of payment for billable services in addition
to credit cards or telephone billing, in its sole discretion. If
SNET elects to authorize alternative or additional methods of payment,
your designation of such a method of payment shall be deemed to
be an authorization for SNET to bill you, in a manner appropriate
to your designated method of payment, for all fees and other charges
incurred in connection with your user name and password. Each use
of your account on the Service thereafter will be deemed to be a
reaffirmation of the foregoing authorization, and such authorization
will remain valid unless revoked by you in writing to SNET.
4. PROVISION OF SERVICE
You understand and agree that temporary interruptions
of the Service may occur as normal events in the provision of the
Service. You further understand and agree that SNET has no control
over third party networks you may access in the course of your use
of the Service, and therefore, delays and disruption of other network
transmissions are completely beyond the control of SNET.
We do not represent or warrant that your use of the Service
or the Software will be uninterrupted or error-free. We assume no
responsibility for the timeliness, deletion, mis-delivery or failure
to store e-mail messages. The entire risk as to satisfactory quality,
performance, availability and accuracy of the Service or the Software
is with you. There is no warranty that the information or efforts
provided with or in connection with the service will fulfill any
of your particular purposes or needs.
YOU EXPRESSLY AGREE THAT THE SERVICE, THE SOFTWARE, THE
SERVICE PRODUCTS, THIRD-PARTY VIRUS CHECKING TECHNOLOGY, AND THE
INTERNET ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT TO THE
EXTENT SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
5. LIMITATION OF LIABILITY
A. SNET will make reasonable efforts to provide continuous,
uninterrupted, expedient and error-free Service to you. Under no
circumstances shall SNET be liable to you or any other person for
any special, incidental, consequential or punitive damages of any
kind, including without limitation, loss of profits, loss of income
or cost of replacement Services.
B. Any Software provided hereunder is provided on an as-is
basis. SNET makes no express or implied warranties (including those
of merchantability or fitness for a particular purpose) with respect
to the Software provided.
C. SNET's liability for damages in regards to extraordinary
and unreasonable interruptions of Service, or for mistakes, omissions,
delays, errors and defects in the provision of the Service, shall
in no event exceed an amount equal to the prorate charges to you
for the period during which the Service is affected.
D. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SNET
HEREBY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING IMPLIED WARRANTIES
OF FITNESS, MERCHANTABILITY AND PERFORMANCE.
E. SNET MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR
REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE; NOR DOES SNET MAKE ANY WARRANTY AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE
SERVICE. FURTHERMORE, WHILE THE CONNECTION SPEED BETWEEN YOUR PREMISES
AND THE DSL INTERCONNECTION POINT IS GUARANTEED TO BE A MINIMUM
OF 384 KILOBITS PER SECOND, SNET PROVIDES NO GUARANTEE WITH REGARD
TO ACTUAL THROUGHPUT SPEEDS WITH THE SERVICE. YOU UNDERSTAND AND
AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED, OR OTHERWISE OBTAINED,
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK, AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL
AND/OR DATA.
F. SNET MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED
THROUGH THE SERVICE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTION
ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.
G. WE DELIVER THE SERVICE ON A COMMERCIALLY REASONABLE
BASIS AND WE DO NOT GUARANTEE THAT MEMBERS WILL BE ABLE TO ACCESS
OR USE THE SERVICE AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT
THE SERVICE WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE
OR IN ANY SPECIFIC GEOGRAPHIC AREA. OUR ENTIRE LIABILITY AND YOUR
EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SOFTWARE PROVIDED
OR USED BY US SHALL BE THE REPLACEMENT OF ANY SOFTWARE FOUND TO
BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE
WITH US IS THE CANCELLATION OF YOUR ACCOUNT. IN NO CASE SHALL WE
BE LIABLE FOR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION
LOST PROFITS AND LOST BUSINESS OPPORTUNITIES) ARISING FROM YOUR
USE OF THE SERVICE, THE SOFTWARE, THE INTERNET OR FOR ANY OTHER
CLAIM RELATED IN ANY WAY TO YOUR MEMBERSHIP WITH THE SERVICE. BECAUSE
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES
OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED
BY LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT, CONTENT
OR SERVICE OFFERED THROUGH THE SERVICE AND WILL NOT BE A PARTY TO
OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ADDITION,
UNLESS OTHERWISE SPECIFIED BY US, WE WILL NOT BE RESPONSIBLE IN
ANY WAY FOR ANY PRODUCTS YOU PURCHASE FROM A THIRD PARTY WHILE USING
THE SERVICE.
6. INDEMNITY
A. You agree to indemnify and save SNET harmless from
all claims, losses, liens, expenses, suits and attorneys' fees ("Liabilities")
for injuries to or death of any person and for damages to or loss
of any property which may in any way arise out of or result from
or in connection with your use of the Service, except to the extent
that such Liabilities arise from the active negligence or willful
misconduct of SNET.
B. You agree to indemnify SNET, its parent, affiliates
and subsidiaries, in the event that your use of the Service and/or
Software; (i) constitutes a violation of any law, regulation or
tariff (including, without limitation, copyright and intellectual
property laws); (ii) is defamatory, fraudulent or deceptive, (iii)
is intended to threaten, harass or intimidate, or (iv) interferes
with other customers' use or enjoyment of the Services provided
by SNET.
7. COMPATIBILITY
You are solely responsible for provisioning, configuration
and maintenance of all equipment on your premises, including, without
limitation, computers, modems and other communications equipment.
SNET shall not be responsible for delays in the provision of Service
resulting from incompatibility of such equipment, or resulting from
improper provisioning, configuration or maintenance of such equipment.
8. CUSTOMER SUPPORT – BASIC DSL SERVICE A. Basic DSL Internet
Service, as applicable, is a single IP Service intended for use
by a single user. You shall not use the Service in a manner that
is inconsistent with this intended use. SNET will not provide support
for the installation or ongoing management of a customer premise
router with your Basic DSL Internet Service. Primary and Secondary
Domain Name Service is not provided as part of the Basic DSL Internet
Service.
9.
USE LIMITATIONS
A.
You agree to comply with all Federal and State regulations,
the rules, regulations and policies adopted by SNET, including
but not limited to, SNET's Acceptable-Use-Policy, located at
the following sites:
SNET http://www.snet.net/support/legal/
as modified from time to time and the rules regulations
and policies applicable to any network that you access through
the Service. Any violation of such rules, regulation and policies,
or any network policy document issued by SNET, shall be cause
for SNET to suspend or terminate the Service.
B. Nothing contained in this Agreement may be construed
to convey to you any interest, title, or license in the userID,
electronic mail address, Universal Resource Locator, IP Address
or domain name used by you in connection with the Service.
C. SNET reserves the right to suspend or terminate the
Service to you, or to suspend or terminate any userID, electronic
mail address, Universal Resource Locator or domain name used by
you, in the event it is used in a manner which (i) constitutes
violation of any law, regulation or tariff (including, without
limitation, copyright and intellectual property laws); (ii) is
defamatory, fraudulent, obscene or deceptive; (iii) is intended
to threaten, harass or intimidate; (iv) tends to damage the name
or reputation of SNET, its parent, affiliates and subsidiaries;
or (v) interferes with other customers' use and enjoyment of the
Services provided by SNET.
D. You understand and agree that any attempt to break
security, or to access an account which does not belong to you,
shall be considered a material breach of this Agreement, and such
breach may result in suspension or termination of the Service.
You further agree to immediately notify SNET of (i) any unauthorized
use of your account and/or (ii) any breach, or attempted breach,
of security known to you.
10. FORCE MAJEURE
Neither SNET nor you shall be responsible for damages
or for delays or failures in performance resulting from acts or
occurrences beyond their reasonable control, including, without
limitation: fire, lighting, explosion, power surge or failure,
water, acts of God, war, revolution, civil commotion or acts of
civil or military authorities or public enemies: any law, order,
regulation, ordinance, or requirement of any government or legal
body or any representative of any such government or legal body;
or labor unrest, including without limitation, strikes, slowdowns,
picketing, or boycotts; inability to secure raw materials, transportation
facilities, fuel or energy shortages, or acts or omissions of
other common carriers.
11. CANCELLATIONS, TERMINATIONS AND ASSIGNMENT
A. In the event of a ruling, regulation or order issued
by a judicial, legislative or regulatory body causes SNET to believe
that this Agreement and/or the Services provided hereunder, may
be in conflict with such rules, regulations and orders, SNET may
suspend or terminate the Service, or terminate this Agreement,
without liability.
- You may terminate the Service upon notification to SNET, by
calling the customer service number for the following regions:
SNET Emerging Products Center (EPC) 1-877-999-9DSL
(9375), Monday through Friday, 8 am to 5 PM (Eastern Standard Time)
B. You agree to pay a one time Cancellation Charge of
$900 if you terminate service within the first 12 months of the
term, and $450 if you terminate within 13 – 28 months of the term.
C. If you fail to pay any charge when due, including,
but not limited to, installation charges or taxes, or if you fail
to perform or observe any other material term or condition of this
Agreement, or if you provide false or inaccurate information which
is required for the provision of the Service or is necessary to
allow SNET to bill you for the Service, and such condition continues
unremedied for thirty days, you shall be in default and SNET may
suspend or terminate the Service to you.
D. You may not assign your account on the Service to anyone
without the express written consent of SNET. SNET may sell, assign
or transfer all or any portion of its rights and obligations under
this Agreement, including but not limited to its right to receive
payment of sums due on your account. In the event of any partial
assignment by SNET, upon the request of SNET, you agree to enter
into any amendments to this Agreement as may be necessary to effect
such assignment.
12. GENERAL:
A. Except as otherwise specified herein, and subject to
payment of Cancellation Charges as applicable, this Agreement, and
the provision of the Service, may be terminated at any time by either
party upon written notice to the other.
B. This Agreement shall be construed in accordance with
the Laws of the State of Texas.
C. You agree and hereby certify that more than ten percent
of the use of the Service is interstate (outside the state) in nature.
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